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HomeMy WebLinkAboutAgenda Report - May 15, 2019 G-02 PHAGENDA ITEM G-z GrrY or Lool Gout¡ct GouMuNrcATroN TM AGENDA TITLE: MEETING DATE: May 15,2019 PREPARED BY: Community Development Director Public Hearing to Consider Adopting a Resolution Approving the Planning Commission's Recommendation to Authorize Nine Low-Density Residential Growth Management Allocations for the Bennett - lris Drive Subdivision RECOMMENDED ACTION Public hearing to consider adopting a resolution approving the Planning Commission's recommendation to authorize nine Low- Density Residential Growth Management Allocations for the Bennett - lris Drive Subdivision. BACKGROUND INFORMATION As part of the City's Growth Management program, the Planning Commission reviews allocation requests for new housing developments. Following a public hearing, the Commission makes a recommendation for City Council consideration. On April 10,2019, the Planning Commission held a public hearing regarding the 2019 Residential Growth Management Development Allocation. At this hearing the Planning Commission reviewed a request by Dennis Bennett for nine Low-Density Residential Growth Management Allocations for the Bennett - lris Drive Subdivision, a two-acre nine-lot subdivision. The Commission voted 6-0 to recommend the City Council approve the applicant's request. The applicant, Dennis Bennett, is requesting growth allocations in order to develop this project. Several of the lots will be sold to custom builders, the remaining lots will be developed by Mr. Bennett. ANALYSIS EXISTING CONDITIONS The applicant is proposing an in-fill development that creates custom home sites for development. The existing parcel is a two-acre site that has an existing residence, out buildings and mature trees. This is a large parcel that is surrounded by developed residential lots. The project applicant is proposing to build a public roadway with nine residential lots fronting on to the street. The project proposal includes lotting that exceeds minimum lot standards. The proposed lot sizes are as follows: APPROVED City Manager PH Bennett - lris GM Allocations Page 2 of I Lot Number Size - Square Feet 1 6,539 2 6,094 3 7,737 4 7,572 5 7,874 o 7,238 7 7,885 I 6 1 o4 I 6,534 ANALYSIS General Plan Complíance: The project site carries a General Plan Land Use designation of Low Density Residential. The low density designation allows for residential development with two to eight dwelling units per acre. The proposed project density is 4.5 units per acre. The proposed lotting meets the density requirements for parcel sizes. The following General Plan Land Use and Community Design and Livability (CDL) goals and policies are applicable to the proposed subdivision: . Land Use Policy 3: Do not allow development at less than the minimum density prescribed by each residential land use category. o Land Use Policy 22: promote infill development that maintains the scale and character of established neighbors. . GDL Policy 2: Ensure that Zoning and Subdivision ordinances include measures that guide infill development to be compatible with the scale, character and identity of adjacent development. All of the surrounding parcels are currently designated Low Density Residential (two - eight units per acre). The average density that will be created as a result of the proposed subdivision is 4.5 units per acre, which is consistent with this Low Density Residential density prescribed by the City's General Plan. Therefore, the proposed subdivision would result in new lot sizes that are consistent with the density prescribed by the General Plan. The attached Tentative Map illustrates the final parcel configuration that would result from the proposed project. Zoninq Compliance: The project site is zoned Low Density Residential. This designation requires a minimum lot size of 5,000 sq ft and a maximum density of eight units per acre. Subdivision Map: The proposed tentative map includes nine lots ranging in size from 6,094 sq ft up to 7 ,874 sq ft. The proposed lots exceed the minimum design standards PH Bennett - lris GM Allocations Page 3 of 8 Lots south of the project site are 5,200 sq ft in size. Lots to the north are 6,300 sq ft in size. Lots to the east are extremely large from 8,700 sq ft to 20,000 sq ft. Lots to the west are 6,500 sq ft to 10,000 sq ft. There is not a uniform lot size in the area, but lots are generally larger custom home sites. The project proposal is consistent with the neighborhood area. Access and Circulation: The main access to the proposed project is off lris Drive. The project includes a public cul-de-sac. The road includes 36 feet of travel lane. This is typical of our roadway development standards. Each parcelwill have public road access. Growth Management Allocations The applicant is requesting nine low density residential grovuth allocations to develop the project. The applicant has identified that he intends to build the project and provide custom lots for sale and build homes on several lots. The allocation system gives priority through point assignments to projects that reduce impacts on services, infrastructure, and resources. The ordinance sets an annual growth limit of two percent of the City's population, compounded annually. Once the number of allocable units is figured, the City requires that the allocation units be distributed among housing types as follows; 44 percent low denstty,28 percent medium density and 28 percent high density (GM-Pa). The California Department of Finance sets the City population for January 1st of each year. The population has been as follows: The California Department of Finance (DOF) sets the City population for January 1st of each year. ldentified below are original populations estimates received and revised numbers that were provided at later dates. Staff is not entirely clear on the DOF's methodology of calculating population. DOF states that it is based upon constructed dwelling units and adjusted based upon residents per structure type. The population appears to be generated at a rate exceeding our actual construction of residences within the past few years. Year Dept. of Finance Revised Population Estimate Growth Rate Percentage Dept. of Finance Original Poputation Estimate 2010 62,134 62,134 2011 63,317 1.9 62,334 2012 63,447 o.2 62,575 2013 63,788 0.5 63,233 2014 63,975 0.3 63,651 2015 64,415 0.7 62,772 2016 64,920 0.7 63,396 2017 65,911 1.5 64,058 2018 67,121 1.8 2019 Since 2010 the City has had an average growth rate of 0.86 percent, slightly less than 1 percent PH Bennett - lris GM Allocations Page 4 of I The City of Lodi has finaled the following residential units per year YEAR Single Family Residential llllulti-Family Residential TOTAL 2012 15 0 15 2013 20 0 20 2014 40 0 40 2015 70 0 70 2016 170 0 170 2017 210 80 290 2018 204 156 360 2019 142 * - Revel Senior Apartments The following calculation explains the current City population of 67,121 as of January 1,2018 and 471 units available for 2018. 1 . Calculate two percent of the City's current population: 67,121 x 2o/o = 1,342.42 2. Divide 1 ,342 by the average number of persons per househ old 1,342 I 2.85 = 470.87 3. Divide the 47Q.87 (471 du) units into the three housing types: 44 percent low density = 207 units 28 percent medium density = 132 units 28 percent high density = 132 units. ln August 2018, the City Council expired allocations accumulated since 2013. The Council eliminated 1,273 allocations. This Council action created a new balance of 2,562 as detailed below in Table A. Table A: 2018 Growth Allocation Balance 20f 8 C¡ty Gouncil Reduction Total Available for 2018 Allocation Reduction Current Balance for 2018 Low (0.1-7)2,113 - 871 1,242 Medium (7.1-201 770 - 110 660 Hish (20.1-30)952 - 292 660 TOTAL 3,835 - 1,273 2,562 PH Bennett - lris GM Allocations Page 5 of I Table B identifies Low Density Growth Allocations provided to The Gateway South project for the years 2018,2019 and 2020. The size of the project and applicant's timing made providing allocations over a three year period more realistic and consistent with the Growth Allocation Ordinance. Table B: Growth Management Allocation for Gateway South Available Allocations Gateway South 2018 Current Balance for 2018 Gateway South 2019 Gateway South 2020 Gateway South Total Total Remaining lor 2018 Low (0.1-7)187*1,242 187 r86 560 1,242 Medium 0.1-201 0 660 0 0 0 660 High (20.1-30)0 660 0 0 0 660 TOTAL 2,562 560 2,562 * 2018 Allocations to Gateway North were provided prior to the Council action to reduce the overall balance of allocations in August 2018. Table C: Growth Management Allocation for Vineyard Terrace Available Allocations Total Available for 2018 Vineyard Terrace 2018 Vineyard Terrace 2019 Vineyard Terrace 2020 Vineyard Terrace Total Total Remaining lor 2018 Low (0.1-7)1,242 0 0 0 0 1242 Medium (7.1-201 660 80 80 75 235 580 High (20.1-30)660 0 0 0 0 660 TOTAL 2,562 2,482 235 2,482 * 2018 Allocations to Vineyard Terrace were provided after the Council action to reduce the overall balance of allocations in August 2018. PH Bennett - lris GM Allocations Page 6 of 8 Table D identifies potential Growth Allocations lor 2019 and how they have currently been allocated. Table D: Potential Growth Management Allocation for 2019 Available Allocations 201 9 Total Remaining lo¡ 2018 Potential 2019 Yearly Allocation Available for 2019 Gateway South 2019 Vineyard Terrace 2019 Total Remaining for 2019 Low (0.1-7)1,242 207 1449 187 0 1262 Medium (7.1-2Ol 580 132 712 0 80 632 High (20.1-30)660 132 792 0 0 792 TOTAL 2,562 471 3033 2,686 Table E identifies potential Growth Allocations for 2019 allocated to Bennett - lris Drive Table E: Growth Management Allocation for Bennett - lris Drive Available Allocations 201 9 Total Remaining for 2019 Bennett - lris Drive Total Remaining for 2019 Low (0.1-7)1262 9 '|-253 Medium (7.1-2Ol 632 0 632 Hish (20.r-30)792 0 792 TOTAL 2,686 9 2,677 PH Bennett - lris GM Allocations Page 7 of I Table F identifies growth allocations provided to projects from 2013 through 2018 Table F: Gurrent Allocations from 2013 to 2018 ISSUED ALLOCATIONS Project Low (0.1-7)Medium (7.1-201 High (20.1-30)TOTAL Luca Place 17 17 Gianoni / Baker 18 18 Miller Property 65 65 Rose Gate 232 232 Van Ruiten Ranch 145 55 88 288 Reynolds Ranch 227 330 (2e8)557 Vintner Square 57 57 Garfield 6 6 Camper - Sac 28 28 Harvest Grossing 42 42 Rose Gate ll 250 95 180 525 Villa Fiore (VRR)67 67 Gateway North 107 98 329 534 Gateway South 560 0 0 560 Tienda Square I 8 Vineyard Terrace 235 235 TOTAL 1441 871 927 3,239 The Growth Management Ordinance includes a priority location area and a point system to assist the City with prioritizing issuance of growth management allocations. The priority location area designates lands available for development and provides development categories of one, two or three, with Priority Area 1 being the first priority area for development. The priority areas are based on availability of city services (e.9., water, wastewater, storm drains, streets, police, fire and parks). The proposed project site is classified as an in-fill project. For scoring purposes in-fill projects are considered Priority Area 1 projects. The point system was established to rate projects based on various project merits in order to determine if one project should be approved before another, particularly if there are more allocation requests than there are available allocations. However, because the City hasn't had growth management allocation requests since 2006, surplus allocations have been accumulated. The Bennett - lris Drive project is an in-fill development and the City encourages infill development. Conclusion Staff sent a copy of the application to various City departments for review and comment. Their comments and requirements incorporated into the attached resolution. PH Bennett - lris GM Allocations Page I of I The proposed tentative map is consistent with the current General Plan (2010). The proposed residential development aligns with the residential land use designations and densities assigned to the site in the current General Plan. The site for the proposed subdivision is suitable for the density and type of development proposed in that it is a flat piece of land. The project design of the subdivision and type of improvements proposed would not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision in that there are no existing public access easements on the site. The Planning Commission reviewed the project in its entirety and recommended the City Council grant the applicant nine Low-Density Residential Growth Management Allocations. FISCAL IMPACT:Not applicable Not applicable ba Community Development Director Attachment: 1. AerialA/icinity Map2. Tentative Subdivision Map3. Planning Commission Staff Report4. Planning Commission Resolution5. Draft Resolution FUNDING AVA¡LABLE VICINITY MAP NORTH SOUTH 1458 Iris Drive 1 CITY OF LODI PLANNING COMMISSION Staff Report MEETING DATE: April 10, 2019 APPLICATION NO: Subdivision Application: 2019-5 S Growth Management Allocation: 2019-5 GM REQUEST: Request for Planning Commission approval of: a) Growth Management Allocation for 9 Low Density Lots; and b) A Subdivision Map for the Bennett – Iris Drive Subdivision, a 2 acre, 9 unit subdivision at 1458 Iris Drive. (Applicant: Bennett Land Investments, INC - Dennis Bennett; File: 2019-5 S; CEQA Status: Section 15332 – In-fill development consistent with the General Plan and Zoning Code) LOCATION: 1458 Iris Drive Lodi, CA 95240 APN: 033-040-17 APPLICANT: Bennett Land Investments, INC. Mr. Dennis Bennett PO Box 1597 Lodi, CA 95241 Baumbach and Piazza, INC. Mr. Steve Pechin 323 West Elm Street Lodi, CA 95240 PROPERTY OWNER: 1458 Iris, LLC Mr. Dennis Bennett PO Box 1597 Lodi, CA 95241 RECOMMENDATION Staff recommends that the Planning Commission approve the proposed 9 lot Tentative Subdivision Map for the Bennett – Iris Drive Subdivision and recommend approval of the 9 low density residential growth allocations to the City Council subject to conditions in the attached draft resolution. 2 PROJECT/AREA DESCRIPTION General Plan Designation: Low Density Residential Zoning Designation: Low Density Residential Property Size: 2 acres The adjacent zoning and land use characteristics: ADJACENT ZONING DESIGNATIONS AND LAND USES GENERAL PLAN ZONING CLASSIFICATION EXISTING LAND USE North Low Density Residential Low Density Residential single family residences South Low Density Residential Low Density Residential single family residences East Low Density Residential Low Density Residential single family residences West Low Density Residential Low Density Residential single family residences EXISTING CONDITIONS The applicant is proposing an in-fill development that creates custom home sites for development. The existing parcel is a 2 acre site that has an existing residence, out buildings and mature trees. This is a large parcel that is surrounded by developed residential lots. The project applicant is proposing to build a public roadway with 9 residential lots fronting on to the street. The project proposal includes lotting that exceeds minimum lot standards. The proposed lot sizes are as follows: Lot Number Size – Square Feet 1 6,539 2 6,094 3 7,737 4 7,572 5 7,874 6 7,238 7 7,885 8 6,104 9 6,534 3 ANALYSIS General Plan Compliance: The project site carries a General Plan Land Use designation of Low Density Residential. The low density designation allows for residential development with 2 to 8 dwelling units per acre. The proposed project density is 4.5 units per acre. The proposed lotting meets the density requirements for parcel sizes. The following General Plan Land Use and Community Design and Livability (CDL) goals and policies are applicable to the proposed subdivision: • Land Use Policy 3: Do not allow development at less than the minimum density prescribed by each residential land use category. • Land Use Policy 22: promote infill development that maintains the scale and character of established neighbors. • CDL Policy 2: Ensure that Zoning and Subdivision ordinances include measures that guide infill development to be compatible with the scale, character and identity of adjacent development. All of the surrounding parcels are currently designated Low Density Residential (2 - 8 units per acre). The average density that will be created as a result of the proposed subdivision is 4.5 units per acre, which is consistent with this Low Density Residential density prescribed by the City’s General Plan. Therefore, the proposed subdivision would result in new lot sizes that are consistent with the density prescribed by the General Plan. The attached Tentative Map illustrates the final parcel configuration that would result from the proposed project. Zoning Compliance: The project site is zoned Low Density Residential. This designation requires a minimum lot size of 5,000 sq ft and a maximum density of 8 units per acre. Subdivision Map: The proposed tentative map includes 9 lots ranging in size from 6,094 sq ft up to 7,874 sq ft. The proposed lots exceed the minimum design standards Lots south of the project site are 5,200 sq ft in size. Lots to the north are 6,300 sq ft in size. Lots to the east are extremely large from 8,700 sq ft to 20,000 sq ft. Lots to the west are 6,500 sq ft to 10,000 sq ft. There is not a uniform lot size in the area, but lots are generally larger custom home sites. The project proposal is consistent with the neighborhood area. In accordance with Lodi Municipal Code Section, 17.52.070, the Commission may approve a tentative map only when it first finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, and any applicable specific plan, and that none of the findings for denial can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6. The findings are included as part of the resolution and staff recommends approval of the subdivision map. In accordance with Lodi Municipal Code Section, 17.52.130, an approved Tentative Map is valid for 24 months after its effective date (Section 17.66.130). At the end of 24 months, the approval shall expire and become void unless, the applicant petitions the Planning Commission for an extension and the Commission grants an extension in accordance with Lodi Municipal Code Section 17.52.130 (B)(1). Phased Final Maps shall extend the expiration of the tentative map by 36 months or the date of the previously filed Final Map. 4 Access and Circulation: The main access to the proposed project is off Iris Drive. The project includes a public cul-de-sac. The road includes 36 feet of travel lane. This is typical of our roadway development standards. Each parcel will have public road access. Growth Management Allocations The applicant is requesting 9 low density residential growth allocations to develop the project. The applicant has identified that he intends to build the project and provide custom lots for sale and build homes on several lots. The allocation system gives priority through point assignments to projects that reduce impacts on services, infrastructure, and resources. The ordinance sets an annual growth limit of two percent of the City’s population, compounded annually. Once the number of allocable units is figured, the City requires that the allocation units be distributed among housing types as follows; 44 percent low density, 28 percent medium density and 28 percent high density (GM-P4). The California Department of Finance sets the City population for January 1st of each year. The population has been as follows: The California Department of Finance (DOF) sets the City population for January 1st of each year. Identified below are original populations estimates received and revised numbers that were provided at later dates. Staff is not entirely clear on the DOF’s methodology of calculating population. DOF states that it is based upon constructed dwelling units and adjusted based upon residents per structure type. The population appears to be generated at a rate exceeding our actual construction of residences within the past few years. Year Dept. of Finance Revised Population Estimate Growth Rate Percentage Dept. of Finance Original Population Estimate 2010 62,134 62,134 2011 63,317 1.9 62,334 2012 63,447 0.2 62,575 2013 63,788 0.5 63,233 2014 63,975 0.3 63,651 2015 64,415 0.7 62,772 2016 64,920 0.7 63,396 2017 65,911 1.5 64,058 2018 67,121 1.8 --- 2019 Since 2010 the City has had an average growth rate of 0.86%, slightly less than 1%. The City of Lodi has finaled the following residential units per year. 5 YEAR Single Family Residential Multi-Family Residential TOTAL 2012 15 0 15 2013 20 0 20 2014 40 0 40 2015 70 0 70 2016 170 0 170 2017 210 80 290 2018 204 156 360 2019 142* * - Revel Senior Apartments The following calculation explains the current City population of 67,121 as of January 1, 2018 and 471 units available for 2018: 1. Calculate two percent of the City’s current population: 67,121 x 2% = 1,342.42 2. Divide 1,342 by the average number of persons per household 1,342 / 2.85 = 470.87 3. Divide the 470.87 (471 du) units into the 3 housing types: 44% low density = 207 units 28% medium density = 132 units 28% high density = 132 units. I n August 2018, the City Council expired allocations accumulated since 2013. The Council eliminated 1,273 allocations. This Council action created a new balance of 2,562 as detailed below in Table A. Table A: 2018 Growth Allocation Balance 2018 City Council Reduction Total Available for 2018 Allocation Reduction Current Balance for 2018 Low (0.1-7) 2,113 - 871 1,242 Medium (7.1-20) 770 - 110 660 High (20.1-30) 952 - 292 660 TOTAL 3,835 - 1,273 2,562 6 Table B identifies Low Density Growth Allocations provided to The Gateway South project for the years 2018, 2019 and 2020. The size of the project and applicant’s timing made providing allocations over a 3 year period more realistic and consistent with the Growth Allocation Ordinance. Table B: Growth Management Allocation for Gateway South Available Allocations Gateway South 2018 Current Balance for 2018 Gateway South 2019 Gateway South 2020 Gateway South Total Total Remaining for 2018 Low (0.1-7) 187* 1,242 187 186 560 1,242 Medium (7.1-20) 0 660 0 0 0 660 High (20.1-30) 0 660 0 0 0 660 TOTAL 2,562 560 2,562 * 2018 Allocations to Gateway North were provided prior to the Council action to reduce the overall balance of allocations in August 2018. Table C: Growth Management Allocation for Vineyard Terrace Available Allocations Total Available for 2018 Vineyard Terrace 2018 Vineyard Terrace 2019 Vineyard Terrace 2020 Vineyard Terrace Total Total Remaining for 2018 Low (0.1-7) 1,242 0 0 0 0 1242 Medium (7.1-20) 660 80 80 75 235 580 High (20.1-30) 660 0 0 0 0 660 TOTAL 2,562 2,482 235 2,482 * 2018 Allocations to Vineyard Terrace were provided after the Council action to reduce the overall balance of allocations in August 2018. 7 Table D identifies potential Growth Allocations for 2019 and how they have currently been allocated. Table D: Potential Growth Management Allocation for 2019 Available Allocations 2019 Total Remaining for 2018 Potential 2019 Yearly Allocation Available for 2019 Gateway South 2019 Vineyard Terrace 2019 Total Remaining for 2019 Low (0.1-7) 1,242 207 1449 187 0 1262 Medium (7.1-20) 580 132 712 0 80 632 High (20.1-30) 660 132 792 0 0 792 TOTAL 2,562 471 3033 -- -- 2,686 Table E identifies potential Growth Allocations for 2019 allocated to Bennett – Iris Drive Table E: Growth Management Allocation for Bennett – Iris Drive Available Allocations 2019 Total Remaining for 2019 Bennett – Iris Drive Total Remaining for 2019 Low (0.1-7) 1262 9 1253 Medium (7.1-20) 632 0 632 High (20.1-30) 792 0 792 TOTAL 2,686 9 2,677 8 Table F identifies growth allocations provided to projects from 2013 through 2018. Table F: Current Allocations from 2013 to 2018 ISSUED ALLOCATIONS Project Low (0.1-7) Medium (7.1-20) High (20.1-30) TOTAL Luca Place* 17 17 Gianoni / Baker 18 18 Miller Property* 65 65 Rose Gate 232 232 Van Ruiten Ranch 145 55 88 288 Reynolds Ranch 227 330 (298) 557 Vintner Square 57 57 Garfield 6 6 Camper - Sac 28 28 Harvest Crossing 42 42 Rose Gate II 250 95 180 525 Villa Fiore (VRR) 67 67 Gateway North 107 98 329 534 Gateway South 560 0 0 560 Tienda Square 8 8 Vineyard Terrace 235 235 TOTAL 1441 871 927 3,239 * The Luca Place project was allocated 17 growth allocations in 2005. The Miller property was allocated 65 growth allocations in 2005. These allocations have not been used, but remain active allocations. The Growth Management Ordinance includes a priority location area and a point system to assist the City with prioritizing issuance of growth management allocations. The priority location area designates lands available for development and provides development categories of one, two or three, with Priority Area 1 being the first priority area for development. The priority areas are based on availability of city services (e.g., water, wastewater, storm drains, streets, police, fire and parks). The proposed project site is classified as an in-fill project. For scoring purposes in-fill projects are considered Priority Area 1 projects. The point system was established to rate projects based on various project merits in order to determine if one project should be approved before another, particularly if there are more allocation requests than there are available allocations. However, because the City hasn’t had growth management allocation requests since 2006, surplus allocations have been accumulated. The Bennett – Iris Drive project is an in-fill development and the City encourages infill development. 9 Conclusion Staff sent a copy of the application to various City departments for review and comment. Their comments and requirements incorporated into the attached resolution. Staff believes that the Commission can make the findings in order to approve the proposed project, subject to conditions outlined in the attached resolution. The proposed tentative map, as described in the code compliance sections above, is consistent with the current General Plan (2010). The proposed residential development aligns with the residential land use designations and densities assigned to site in the current General Plan. The site for the proposed subdivision is suitable for the density and type of development proposed in that it is a flat piece of land. Also the design of the subdivision and type of improvements would not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision in that there are no existing public access easements on the site. Further, as stated in the code compliance sections above, the applicant has proposed development standards for this subdivision that are consistent with the historical development of the City. ENVIRONMENTAL ASSESSMENT The California Environmental Quality Act (CEQA) requires analysis of agency approvals of discretionary “Projects.” A “Project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed Tentative Subdivision Map is a project under CEQA. The City Council, by Resolution No. 2010-41, which became effective on April 7, 2010, certified an Environmental Impact Report (EIR), State Clearinghouse No. 20009022075, for the City of Lodi General Plan. This General Plan designated the project site as Low Density Residential. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the General Plan EIR. No increase in development density beyond what was anticipated in the General Plan for the Project site would occur. No other special circumstances exist that would create a reasonable possibility that the proposed Project will have a significant adverse effect on the environment. The Class 32 “Infill” Categorical Exemption (CEQA Guideline Section 15332), hereafter referred to as the Class 32 Exemption, exempts infill development within urbanized areas if it meets certain criteria. The class consists of environmentally benign infill projects that are consistent with the General Plan and Zoning requirements. This class is not intended for projects that would result in any significant traffic, noise, air quality, or water quality impacts. This exemption is not limited to any use type and may apply to residential, commercial, industrial, public facility, and/or mixed-use projects. Therefore, the proposed Project qualifies for the exemption under CEQA Guidelines Section 15332 and no further environmental review is required. PUBLIC HEARING NOTICE: Legal Notice for the Use Permit was published in the Lodi News Sentinel on Saturday, March 30, 2019. Eighty-four (84) public hearing notices were sent to all property owners of record within a 300-foot radius of the project site as required by California State Law §65091 (a) 3. Public notice also was mailed to interested parties who had expressed their interest of the project. 10 RECOMMENDED MOTIONS Should the Planning Commission agree with staff’s recommendation, the following motion is suggested: “I move that the Planning Commission adopt a Resolution finding that the project has satisfied the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332, the project is consistent with the findings of the previous environmental documents prepared for the 2010 Lodi General Plan and is an infill development in an urban area and approve the 9 lot Tentative Subdivision Map for the Bennett – Iris Drive Subdivision and recommend to the City Council approval of the request for Growth Management Allocations for 9 Low-Density Residential Lots subject to conditions in the attached resolution. ALTERNATIVE PLANNING COMMISSION ACTIONS: • Approve the request with attached or alternate conditions • Deny the request • Continue the request. Respectfully Submitted, Concur, Craig Hoffman Stephen Schwabauer City Planner Community Development Director ATTACHMENTS: A. Vicinity / Aerial Map B. Subdivision Map C. Draft Resolution 1 RESOLUTION NO. 19-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI APPROVING THE REQUEST OF BENNETT LAND INVESTMENTS, INC. - MR. DENNIS BENNETT FOR APPROVAL OF SUBDIVISION MAP FOR BENNETT – IRIS DRIVE SUBDIVISION, A 2-ACRE, 9-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION AND GROWTH MANAGEMENT ALLOCATION FOR, 9 LOW-DENSITY RESIDENTIAL LOTS AT 1458 IRIS DRIVE WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested Subdivision application, in accordance with the Lodi Municipal Code, Section 17.74; and WHEREAS, the project site is located at 1458 Iris Drive, Lodi, CA 95240 (APN: 033-040-17); and WHEREAS, the applicant is Bennett Land Investments, INC. - Mr. Dennis Bennett, PO Box 1597, Lodi, CA ; and WHEREAS, the applicant, Bennett Land Investments, INC. - Mr. Dennis Bennett, has filed the “Bennett – Iris Drive” Subdivision Map and Growth Management Application with the City of Lodi, CA 95240; and WHEREAS, the project properties owners of record are 1458 Iris Drive, LLC - Mr. Dennis Bennett, PO Box 1597, Lodi, CA 95240; and WHEREAS, the project engineer is Baumbach and Piazza, INC., Mr. Steve Pechin, 323 West Elm Street Lodi, CA 95240 WHEREAS, City Council Resolution No. 2010-41 adopted by the City Council on April 7, 2010, approved the land use designation as Low Density Residential for the project site; and WHEREAS, the City Council by Ordinance No. 1869, which became effective on March 21, 2013, granted Low Density Residential for the project site; and WHEREAS, the City Council by Resolution No. 2010-41, which became effective on April 7, 2010, certified an Environmental Impact Report (EIR), State Clearinghouse No. 20009022075, for the City of Lodi General Plan; and WHEREAS, a copy of the Environmental Impact Report (EIR), State Clearinghouse No. 20009022075, is kept on file for public review within the Community Development Department by the Community Development Director at 221 West Pine Street, Lodi, CA; and WHEREAS, the Subdivision Map contains 2 acres, 9-lots, and is located at 1458 Iris Drive, which is designated for low density residential development; and WHEREAS, the Community Development Department did study and recommend approval of said request; and WHEREAS, after due consideration of the project, the Planning Commission did conditionally approve the project; and WHEREAS, the Planning Commission’s recommendation is based upon the following findings and determinations: 1. The proposed design and improvement of the tentative subdivision, as conditioned, will conform to the standards and improvements mandated by the adopted City of Lodi Public 2 Works Department Standards and Specifications, Zoning Ordinance, as well as all other applicable standards. 2. The standard size, shape and topography of the site is physically suitable for residential development proposed in that the site is generally flat and is not within an identified natural hazard area. 3. The site is suitable for the density proposed by the tentative subdivision map in that the site can be served by all public utilities and creates design solutions for storm water, traffic and air quality issues. 4. The standard design of the proposed tentative subdivision and the proposed improvements are not likely to cause substantial environmental damage or injure fish or wildlife or their habitat in that the site has been previously disturbed by agricultural activities. The project is consistent with the previous EIRs prepared for the property. 5. The design of the proposed tentative subdivision and type of improvements are not likely to cause serious public health problems in that all public improvements will be built per City standards and all private improvements will be built per the California Building Code. 6. The design of the proposed tentative subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed tentative subdivision. 7. An Environmental Impact Reports and Mitigation Monitoring and Reporting Program, Environmental Impact Report (EIR), State Clearinghouse No. 20009022075, were prepared for this project in compliance with Public Resources Code section 21000 et seq, and were independently reviewed and certified by the City Council. All potentially significant environmental impacts were publicly disclosed and made available for comment prior to any decisions to approve any part of the whole project. On March 21, 2013, the City Council adopted an Environmental Impact Report and Mitigation Monitoring and Reporting Program for all aspects of the proposed project. All mitigation measures for the project identified in the initial study and accompanying studies are hereby incorporated into this approval. 8. The project is required to comply with all the mitigation measures outlined for the project in the Environmental Impact Report and in the Mitigation Monitoring and Report Program. 9. The subdivision map allows for the orderly growth of Lodi in that the Land Use and Growth Management Element allows for density consistent with the proposed subdivision map. 10. Said Subdivision Map complies with the requirements of Article 5 of the Lodi Development Code, governing subdivision maps. NOW, THEREFORE, BE IT DETERMINED AND RESOLVED, by the Planning Commission of the City of Lodi hereby approves the Bennett – Iris Drive subdivision map and associated Development Standards and recommends that the City Council approve Bennett Land Investments, INC. - Mr. Dennis Bennett request for 9 Low Density Residential - growth management allocation units, for the Iris Drive project subject to the following development conditions and standards: 1. The property owner and/or developer and/or successors in interest and management shall, at their sole expense, defend, indemnify and hold harmless the City of Lodi, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys’ fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include, but is not limited to, any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds 3 whatsoever. The City of Lodi shall promptly notify the developer of any such claim, action, or proceeding and shall cooperate fully in the defense. 2. This recommendation for approval by the Planning Commission shall not constitute an authorization to begin any construction. 3. The developer shall comply with all the applicable requirements of the City’s Community Development Department including Planning and Building Divisions; Public Works, Fire and Electric Utility Departments; and all other applicable local, state and federal agencies. It is the responsibility of the applicant to check with each agency for requirements that may pertain to the project. 4. The Tentative Map shall expire within 24 months of Planning Commission approval or a time extension must be granted by the Planning Commission. 5. The Final Map shall be in substantial conformance to the approved Tentative Map, as conditioned, and that any future development shall be consistent with applicable sections of the Municipal Code. 6. The developer shall install, on each residence, minimum four-inch high block style numbers for address identification. The numbers shall be in color that is contrasting to the background surface to which they are adhered and shall be readily visible from the street during the day and night. The construction drawings for the house plans shall identify the location of the address boxes or numbers on the house façades, along with a detail or keynote that describes how the house numbers will be illuminated or made identifiable from the street. 7. The developer shall submit detailed landscape and irrigation plans (concurrently with the improvement plans) for the review and approval. The landscape plan shall include, in addition to normal landscape and irrigation details, screening of any above ground utility vaults and anti-siphon water valves. 8. Meters, hydrants, poles, etc. shall be located clear of the sidewalk and driveways or as determined by the City Engineer. Final locations and the number of such facilities shall be determined at the time the improvement plans are reviewed. 9. A conceptual fencing/wall plan shall be submitted for the entire subdivision with the grading plan and a detailed fencing/wall plan shall be submitted with the improvement plans for each phase of development. The design, height, and location of walls shall be subject to approval of the Community Development Director prior to approval of improvement plans. Where fencing is adjacent to public parks and/or trails, plans shall be approved by the Recreation Commission at the time of park plan approval. When the adjacent area is sloped, the fence/wall design shall include a 4’ bench (sloped no more than 2%) along the fence/wall for maintenance purposes, as determined by the Parks and Recreation and Cultural Services Department. 10. The improvement plans shall reflect that all storm drain inlets constructed or modified in conjunction with this project shall be labeled “No Dumping – Drains to Canal” using thermoplastic stencils to the satisfaction of the Community Development Director. 11. The developer shall pay for and install all street name signs, traffic regulatory and warning signs, and any necessary street striping and markings required by the City Engineer. Street striping and markings shall be raised ceramic markers or thermoplastic material, as directed by the City Engineer. 12. Road or street names shall not duplicate any existing road or street name in the City, except where a new road or street is a continuation of an existing street. Road or street names that may be spelled differently but sound the same shall also be avoided. Road or street names shall be approved by the Fire Chief and the Community Development Director. 4 13. All improvements, public and private, shall be designed and constructed in accordance with the most recent edition of the City Plans and all applicable state and local ordinances, standards and requirements. Should a conflict arise, the governing specification shall be determined by the City Engineer. 14. In accordance with the Growth Management and Infrastructure/Public Facilities Element of the City’s General Plan, the environmental review prepared for this project, and the regulations of the applicable school districts, the Developer shall demonstrate that adequate provision is made for school facilities. To the extent permitted by law, this may include the payment of school facility mitigation fees adopted by the Lodi Unified School district, or alternative financial arrangements negotiated by agreement between the Developer and the applicable school districts. 15. A master street tree plan shall be approved by the Public Works Department for each phase of this tentative subdivision map. A minimum of one street tree shall be provided for each lot within this subdivision. On corner lots, three street trees shall be provided; one on the shorter lineal frontage and two on the longer lineal frontage. Street trees shall be a species selected from the City’s adopted tree list, shall be a minimum fifteen (15) gallon size, spaced at thirty (30) feet intervals, and planted as reflected in the Engineering Department’s Standard Plans and Specifications, with branches above average eye level. The trees selected shall be deep rooted and drought tolerant. Location and species shall be to the approval of the Public Works Department. 16. The developer, in order to reduce tracking of mud throughout the City, shall be re sponsible for cleaning up or any expenses incurred by the City for cleaning up mud, debris, etc. from City streets that is attributed to this project during construction. 17. Construction activities shall be limited to the hours of 7:00 a.m. to 10:00 p.m. Monday through Sunday, consistent with the City’s Ordinance. 18. No variance from any City of Lodi adopted code, policy or specification is granted or implied by this approval. CDD - PLANNING 19. The City places a high value on quality design and materials in the construction of fencing and buffers for developments. Fencing is an integral design feature in residential developments and defines property ownership and boundaries. The City expects quality materials that will last and maintain an appealing aesthetic within neighborhoods. This includes metal or pressure treated posts for fencing. 20. The construction of the new buildings and related site improvements shall require building permits. All plan submittals shall be based on the City of Lodi Building Regulations and currently adopted 2016 California Building code. Please review our policy handouts for specific submittal procedures. CITY OF LODI FIRE DEPARTMENT 21. The developer shall comply with all applicable requirements of the California Fire Code and the adopted policies of the City of Lodi. 22. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6 of the California Fire Code and an unobstructed vertical clearance of not less than 13 feet 6 inches. (Ord. No. 1840, § 1, 11-17-2010) 23. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend within 150 feet (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first 5 story of the building as measured by an approved route around the exterior of the building or facility. 24. The developer shall install on-site and/or boundary water mains, fire hydrants and related services. Hydrants shall adhere to the City’s standard details, with their location determined by the Fire District and City Engineer, and shall be installed and in service prior to any combustible construction on the site. Public fire hydrant spacing and distribution shall be determined as follows: a. At 300 feet spacing in high density, commercial, industrial zoning or high-value areas; b. At 500 feet spacing in low density residential areas; c. At 1000 feet spacing in residential reverse frontage; d. A fire hydrant shall be located within 200 feet of the radius point of all cul-de-sacs; e. Hydrants shall be required on both sides of the street whenever one or more of the following conditions exist: i. Streets have median center dividers that make access to hydrants difficult, cause time delays, or create undue hazards or both; ii. On major arterials where there is more than four lanes of traffic; iii. Width of street in excess of 88 feet; iv. The existing street being widened or having a raised median center divider in the future pursuant to the General Plan Roadway Improvement Plans for the City of Lodi. 25. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. CITY OF LODI PUBLIC WORKS DEPARTMENT The following conditions of approval are required for the subject project per City codes and standards, all to be accomplished prior to, or concurrent with, final map filing unless noted otherwise: 26. The project development shall comply with the requirements of Senate Bill (SB) 5, related to an urban level of flood protection (200-year storm event). The developer has the option of 1) Preparing their own 200-year flood protection report to prove that their property is in compliance, or 2) Contribute towards the City’s delineation map and study that is currently being completed. The preliminary delineation map identifies portions of this property as having flood depths of less than 1’, which does not require any additional measures for compliance. The City’s cost for the delineation map and study is approximately $200 per lot. 27. Project design and construction shall be in compliance with the applicable terms and conditions of the Multi-Agency Post-Construction Stormwater Standards Manual adopted by the City of Lodi in compliance with the State Water Resources Control Board’s Phase II MS4 permit. a. A Project Storm Water Plan must be submitted for approval prior to any master plan and improvement plans submittal. b. State-mandated construction site inspections to assure compliance with the City of Lodi’s Phase II MS4 permit are required. The fee for these inspections is the responsibility of the developer and must be paid prior to the map filing or commencement of construction operations, whichever occurs first. 6 28. Utility Master Plans (Storm Drain, Water, and Wastewater) and major street geometrics, including cross sections, shall be approved prior to submittal of Public Improvement Plans. 29. Engineered improvement plans and cost estimate shall be submitted for approval per City Public Improvement Design Standards for all public improvements prior to final map filing. Plan submittal to include: c. Approved tentative map, signed by the Community Development Director. d. Landscape and irrigation plans shall conform to the Model Water Efficient Landscaping Ordinance (MWELO) per the Governor’s Executive Order B-29-12 adopted on December 31, 2015. (This is for information only. These plans are not required.) e. Current soils report. If the soils report was not issued within the past three (3) years, provide an updated soils report from a licensed geotechnical engineer. f. Grading, drainage and erosion control plan. g. Copy of Notice of Intent for NPDES permit, including storm water pollution prevention plan (SWPPP). h. All utilities, including street lights and electrical, gas, telephone and cable television facilities. i. Undergrounding of all overhead utilities required (if applicable). j. Joint Trench plans (required with second submittal). A complete plan check submittal package, including all the items listed above plus the Map/Improvement Plan Submittal cover letter, Improvement Plan Checklist and engineering plan check fees, is required to initiate the Public Works Department plan review process for the engineered improvement plans. 30. Design and installation of public improvements shall be in accordance with City Master Plans. Street, wastewater, storm drainage, and water master plans and design calculations will be required for the development. k. Street i. All street designs shall conform to the City of Lodi Design Standards. ii. Install frontage improvements including but not limited to pavement, driveway, streetlights, curb, gutter and sidewalk along Iris Drive and Court “A” in accordance with City Standards. iii. Curb returns and corner cut-offs shall conform to City of Lodi Standard Plans 611 and 612. iv. All residential streets shall contain rolled type (fronts) curb, gutter and sidewalk as reflected in the tentative map submittal; and shall conform with City of Lodi Standard Plan 136 respectfully. v. Install street lights along Iris Drive and Court “A”. vi. Provide all necessary traffic signs along Iris Drive and Court “A”. vii. Traffic striping modifications shall be performed as necessary along Iris Drive. l. Wastewater i. Wastewater system shall be designed in conformance with the City’s Wastewater Master Plan and design standards. 7 ii. The public sewer main shall be extended from the existing public wastewater main in Iris Drive. iii. Separate wastewater services in conformance with Standard Plan 201 shall be provided for each parcel from the public wastewater main in Iris Drive or Court “A”. iv. Flushing station(s) may be required at locations with peak flows below City Standards. m. Storm Drainage i. The storm drain system shall be designed in conformance with the City’s Storm Drain Master Plan and design standards. The engineer shall submit a C factor calculation to show the proposed development meets the current standard runoff coefficient, otherwise the engineer shall consider using higher C factors to calculate storm water runoff from the development. ii. Slopes for all parcels within the development shall flow towards the proposed street. All stormwater shall be collected within the development and cannot flow to neighboring parcels. iii. An overland flood release pathway shall be incorporated in the street and circulation design plan for each subarea. For example, when any particular catch basin or pipe is obstructed or overwhelmed with water, the street drainage design (high points and low points) shall be calculated so that no water shall pond higher than 1-foot below any finished floor elevation without releasing the excess water toward the planned flood release point. n. Water i. The water system shall be designed in conformance with the City’s Water Master Plan and design standards. ii. The public water main shall be extended from the existing public water main in Iris Drive to provide domestic service and fire hydrants as required by the Fire Department. iii. Separate water services in conformance with Standard Plan 403 shall be provided for each parcel from the public water main in Iris Drive or Court “A”. Service sizes shall be identified on the plans. iv. A water sampling station shall be provided within the subdivision. The location of the sampling station will be provided by the City Engineer during the plan check process. v. When possible, fire hydrants shall be placed between driveways. Fire hydrants shall also be placed in side yards as opposed to front yards (for corner lots). vi. Water meter boxes shall be located inside a public utility easement and outside of areas subject to vehicular travel. 31. Provide street name for the street in the development for approval. 32. Provide a slope easement or retaining wall along the boundary of the development for all grade differentials of 0.5 feet or greater. 33. All unused water, wastewater and storm drain stubs shall be abandoned at the developer’s expense. 8 34. All on-site water wells and septic systems shall be abandoned in conformance with San Joaquin County standards prior to building permit issuance. A copy of the abandonment permit shall be submitted to the City after the completion of the abandonment. 35. All public improvements shall be installed within one year of final map filing under the terms of an improvement agreement, to be approved by the City Council prior to final map filing. The Developer will be required to provide warranty security in the amount of 10% of the value of the public improvements. The warranty period will be two (2) years, commencing on the date of acceptance of the public improvements. 36. All project design and construction shall be in compliance with the Americans with Disabilities Act (ADA) and California Title 24. City of Lodi Standard Plans are in the process of being revised and it should not be assumed that current standard plans are fully ADA compliant. Project compliance with ADA standards is the developer’s responsibility 37. The City of Lodi is a participant in the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). An application for evaluation of the project site with respect to SJMSCP requirements shall be submitted to the San Joaquin Council of Governments (SJCOG) prior to commencement of any clearing, grading or construction activities on the project site. 38. The developer shall dedicate all public utility easements (PUEs) required by the various utility companies and the City of Lodi. Structures shall be located outside of all PUEs. 39. All property dedicated to the City of Lodi shall be free and clear of all liens and encumbrances and without cost to the City of Lodi and free and clear of environmental hazards, hazardous materials or hazardous waste. Developer shall prepare and submit a hazardous materials report and shall indemnify the City against any and all hazardous materials and/or ground water contamination for all property/easements dedicated to the City. 40. In order to assist the City of Lodi in providing an adequate water supply, the Owner/Developer on behalf of itself, its successors and assigns, shall enter into an agreement with the City that the City of Lodi be appointed as its agent for the exercise of any and all overlying water rights appurtenant to the proposed parcels, and that the City may charge fees for the delivery of such water in accordance with City rate policies. In addition, the agreement shall assign all appropriative or prescriptive rights to the City. The agreement will establish conditions and covenants running with the land for all lots within the boundaries of the parcel map and provide deed provisions to be included in each conveyance. 41. As required by the California Green Building Code (CALGreen), project shall participate in the Construction and Demolition Recycling Program. 42. Prior to any work within City Right-of- Way, the applicant shall obtain an encroachment permit issued by the Public Works Department. 43. All existing survey monuments are to be preserved per California Senate Bill 1467. It is the applicant’s responsibility to ensure that monuments are properly protected and/or perpetuated. If any of the monuments are to be disturbed or are near the area of construction, a licensed surveyor must confirm that the monuments have been protected and/or perpetuated and the appropriate documentation has been recorded. 44. Annexation to Community Facilities District 2007-1 (Public Services) to cover the cost of providing various City services is required. Annexation shall be complete prior to final map 9 filing. All costs associated with annexation to the Community Facilities District shall be the responsibility of the developer. 45. Submit final map per City and County requirements including the following: o. Preliminary title report including copies of all referenced exception documents. p. Waiver of access rights on Iris Drive except at driveway location specifically approved by the Public Works Department. q. Standard note regarding requirements to be met at subsequent date. r. Final Map Guarantee. s. Annexation to Community Facilities District. 46. Obtain the following permits: t. Grading Permit issued from the City of Lodi Building Department. u. Building Permit issued from the City of Lodi Building Department. v. Encroachment Permit issued from the City of Lodi Public Works Department for any work within the City’s public right of way or on existing public water, wastewater and storm drain infrastructure. w. San Joaquin County well/septic abandonment permit (if needed). x. NPDES Construction General Permit (SWPPP). y. San Joaquin Valley Air Pollution Control District (SJVAPCD) permits. 47. Payment of the following fees prior to building permit issuance unless noted otherwise: z. Installation of water and wastewater services by City Forces if property does not have existing services or current services shall be upsized. aa. Water meter installation fees. bb. Regional Transportation Impact Fee (RTIF). cc. Encroachment Permit fee. dd. Filing and processing fees and charges for services performed by City forces per the Public Works Fee and Service Charge Schedule. ee. Stormwater Compliance Inspection Fee prior to building permit issuance or commencement of construction operations, whichever occurs first. ff. Annexation into the City of Lodi Community Facilities District – Estimated at $10,000 prior to recording the final map. The annexation process generally requires 2-3 months to complete. 48. Payment of the following fee prior to temporary occupancy or occupancy of the building unless noted otherwise: gg. Development Impact Mitigation Fees per the Public Works Fee and Service Charge Schedule. hh. County Facilities Fees. (The fees referenced above are subject to periodic adjustment as provided by the implementing ordinance/resolution. The fee charged will be that in effect at the time of collection indicated above.) 10 49. Additional comments and conditions will be provided during the building permit review process when more detailed plans are available. Dated: April 10, 2019 I certify that Resolution No. 19-05 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on April 10, 2019 by the following vote: AYES: Commissioners: Gomes, Hennecke, Hicks, Kirsten, Slater and Chair Olson NOES: Commissioners: None ABSENT: Commissioners: Cummins ATTEST_________________________________ Secretary, Planning Commission